Council to vote Friday on bid protest over road project

In this Jan. 22, 2013 file photo, Gary O'Neal of Salser Construction operates a grader as his son, Cory, left, cleans up along the curb, as the two work on grading the entrance to the Ocala/Marion County Commerce Park on Northwest 35th Avenue in Ocala.

Published: Wednesday, September 11, 2013 at 5:44 p.m.

Last Modified: Wednesday, September 11, 2013 at 5:44 p.m.

The Ocala City Council on Friday will render a decision in a bid protest regarding a road project at the Ocala/Marion County Commerce Park that supports the FedEx Ground Package System Inc. development.

The dispute concerns bids for work on Segment B of the proposed 4-lane roadway serving the commerce park that is being developed on the former Magna property, the majority of which is owned by developer Bill Kearns' Ocala 489 LLC.

The apparent low bidder on the project was Magnum Construction Solutions LLC. However, the city staff has recommended that Art Walker Construction be awarded the bid.

Magnum bid $4.343 million. Walker's bid was $4.392 million.

The city staff contends that Magnum presented a nonresponsive bid, meaning it did not meet the essential requirements of the invitation to bid.

Magnum is protesting that finding.

At issue is the terminology used in the city's Invitation To Bid (ITB) concerning a Florida Department of Transportation qualification requirement and whether Magnum meets that stipulation. Also being challenged is a contact Steven Counts, the construction license holder for Magnum, made with Ocala City Councilman John McLeod and whether that contact violated the ITB's anti-lobbying provision.

The matter was brought before City Manager Matthew Brower on Sept. 5 for his consideration. Brower said Tuesday that he upheld the staff's position that Art Walker should be awarded the contract.

“That has not been discussed at this point,” said J. Theodore Schatt, Magnum's attorney. “Its number one goal is that the project is not delayed, causing problems for the FedEx project.”

Schatt said Magnum is “fast tracking” the protest procedure so that, if it wins, Magnum would be ready to go.

“If they don't get the project, potentially, it won't impact it either,” he said.

The complete road project is a joint city/Marion County effort to aid the development of the commerce park. FedEx is poised to build a 383,161-square-foot package distribution hub on 150 acres the company bought inside the park in August, which is estimated to bring 165 jobs paying an average annual wage of $31,536.

Segment A is the county's portion of the project and includes widening Northwest 35th Street from US. 441 to just past Northwest 27th Avenue to the west.

The city has completed Segment C, which is Northwest 35th Avenue Road from U.S. 27 to Northwest 21st Street.

Segment B, which extends Northwest 35th Avenue Road from Northwest 21st Street to Northwest 35th Avenue, is a city project that links segments A and C.

Segment B is 1.11 miles of a new 4-lane divided road. It involves construction of an asphalt road, curbs, gutter, new drainage system that includes excavation of four drainage retention areas, new sewer main system, traffic striping and pavement markings and installation of conduits for underground power.

The council is scheduled to hear the bid protest at 10:15 a.m. Friday in Council Chambers on the second floor of City Hall, 110 S.E. Watula Ave., Ocala.

<p>The Ocala City Council on Friday will render a decision in a bid protest regarding a road project at the Ocala/Marion County Commerce Park that supports the FedEx Ground Package System Inc. development.</p><p>The dispute concerns bids for work on Segment B of the proposed 4-lane roadway serving the commerce park that is being developed on the former Magna property, the majority of which is owned by developer Bill Kearns' Ocala 489 LLC.</p><p>The apparent low bidder on the project was Magnum Construction Solutions LLC. However, the city staff has recommended that Art Walker Construction be awarded the bid.</p><p>Magnum bid $4.343 million. Walker's bid was $4.392 million.</p><p>The city staff contends that Magnum presented a nonresponsive bid, meaning it did not meet the essential requirements of the invitation to bid.</p><p>Magnum is protesting that finding.</p><p>At issue is the terminology used in the city's Invitation To Bid (ITB) concerning a Florida Department of Transportation qualification requirement and whether Magnum meets that stipulation. Also being challenged is a contact Steven Counts, the construction license holder for Magnum, made with Ocala City Councilman John McLeod and whether that contact violated the ITB's anti-lobbying provision.</p><p>The matter was brought before City Manager Matthew Brower on Sept. 5 for his consideration. Brower said Tuesday that he upheld the staff's position that Art Walker should be awarded the contract.</p><p>Magnum is challenging Brower's decision to the City Council.</p><p>“Whoever wins council's decision gets the contract,” Brower said Tuesday.</p><p>Both Magnum and Art Walker are local contractors.</p><p>Depending on the council's decision, Magnum could, potentially, bring a court action.</p><p>“That has not been discussed at this point,” said J. Theodore Schatt, Magnum's attorney. “Its number one goal is that the project is not delayed, causing problems for the FedEx project.”</p><p>Schatt said Magnum is “fast tracking” the protest procedure so that, if it wins, Magnum would be ready to go.</p><p>“If they don't get the project, potentially, it won't impact it either,” he said.</p><p>The complete road project is a joint city/Marion County effort to aid the development of the commerce park. FedEx is poised to build a 383,161-square-foot package distribution hub on 150 acres the company bought inside the park in August, which is estimated to bring 165 jobs paying an average annual wage of $31,536.</p><p>Segment A is the county's portion of the project and includes widening Northwest 35th Street from US. 441 to just past Northwest 27th Avenue to the west.</p><p>The city has completed Segment C, which is Northwest 35th Avenue Road from U.S. 27 to Northwest 21st Street.</p><p>Segment B, which extends Northwest 35th Avenue Road from Northwest 21st Street to Northwest 35th Avenue, is a city project that links segments A and C.</p><p>Segment B is 1.11 miles of a new 4-lane divided road. It involves construction of an asphalt road, curbs, gutter, new drainage system that includes excavation of four drainage retention areas, new sewer main system, traffic striping and pavement markings and installation of conduits for underground power.</p><p>The council is scheduled to hear the bid protest at 10:15 a.m. Friday in Council Chambers on the second floor of City Hall, 110 S.E. Watula Ave., Ocala.</p><p>Contact Susan Latham Carr at 352-867-4156 or susan.carr@starbanner.com.</p>